Make it Big Market - Terms and conditions
All stallholders at the Make it Big Market are required to adhere to the Make it Big Market policies and procedures as determined by the Gosford Regional Gallery and the Central Coast Council.
Any Stallholder who fails to comply with these Conditions of Entry or any reasonable direction by Gallery staff may be ejected from the market.
Stallholder terms and conditions
Conditions of stall licence
The Make it Big Market is managed and operated by the Gosford Regional Gallery and Central Coast Council. You can operate a stall at the market on the following terms and conditions.
Stall bookings
Stalls are available to stallholders offering:
• Artworks
• Handcrafts or hobbies; or
• Any other stall approved by the Gallery.
No stallholder may without the Gallery’s approval use a stall:
• To sell, promote or display commercially produced goods (including imported goods, shop-soiled stock and factory seconds), products or services;
• To promote services that the Gallery considers may be illegal or inconsistent with the community nature of the market; or
• For political campaigning or religious proselytising.
The Gallery may refuse any application to book a stall or allocate a stall different from that requested.
Stall fees will not be refunded if the stallholder cancels the booking or does not attend the market.
Food and beverage stalls
Each stallholder who offers food or beverages must:
• Comply with the Food Act 2003 (NSW), including by obtaining any necessary temporary food premises registration or mobile food registration and
• Any application to book a stall for the purpose of offering food or beverages must be made at least 14 days in advance of the applicable market date to allow time for the Gallery to check the applicant’s food registration and must be accompanied by evidence of any necessary registration and any other documents reasonably requested by the Gallery.
Stall set up and pack up
Stallholders may set up their stalls between 7:00am and 9:45am on market day.
Stallholders may pack up their stalls between 3:00pm and 3:30pm on market day.
Stallholders must vacate the market by 5:00pm on market day.
Stallholders must use appropriate lifting and carrying techniques to avoid injury.
Vehicle access
Stallholders will drop off in the designated Webb St Carpark at their allocated drop off time slot and then move their vehicle to the stallholder parking before coming back to set up their stall.
Each stallholder who operates a vehicle must do so with due care and skill and in a manner that ensures the safety of the public.
The driver of any vehicle is solely responsible for the operation of the vehicle, and the Gallery is not liable for any loss or damage caused by vehicle operation.
Stallholder conduct
Each stallholder must comply with:
• the Conditions of Entry as amended from time to time.
• any lawful direction by the Gallery in relation to the market.
A stallholder must not commit any criminal act at the market or behave in a manner the Gallery considers is inappropriate or may bring the market into disrepute.
Each stallholder must operate the stall in person, unless the Gallery consents in advance to another person operating the stall.
Each stallholder must ensure that their employees, servants or agents comply with the stallholder’s obligations under these terms and conditions.
All tables, racks, displays, storage boxes, stock, merchandise, signage and any other items must be set up and remain within the designated stall boundaries as marked by the lines on the ground. The boundary extends vertically from these lines.
A stallholder’s equipment must be used in a manner that ensures public safety and in accordance with manufacturer’s instructions. The stallholder is solely responsible for any loss, damage or injury arising from the use of their equipment and the Gallery is not liable for any such loss, damage or injury.
Each stallholder must comply with all laws that apply to, and obtain all necessary consents and approvals required for, their activities and must upon request by the Gallery, produce copies of any such consent or approval.
The sale or consumption of alcohol, tobacco, firearms, explosives, weapons, poisons, pornography, material that infringes any intellectual property right (including pirated material), unsafe or hazardous electrical products, live animals or any product the Gallery considers to be illegal or inconsistent with the community nature of the market is prohibited.
No stallholder may play loud music at the market. Stallholders must comply with any direction by a Gallery staff member to stop playing or reduce the volume of any music.
Each stallholder must weight down the legs of any freestanding object (including any marquee or umbrella) with no less than 20 kilograms per leg. The stallholder must comply with any direction of the Gallery to remove any freestanding object in windy conditions.
Storage of stock and other goods
To minimise trip hazards, each stallholder must store all stock that is not on display out of the way of walkways and public areas.
Each stallholder is solely responsible for their stock and other goods, and the Gallery is not liable for any damage to or loss of goods before, during or after a market.
Waste disposal
Before vacating their stall, each stallholder must remove all rubbish and must leave the stall in the same condition as it was in before occupancy. If the stallholder fails to do so, the stallholder will pay the Gallery any cost it reasonably incurs in disposing of rubbish and restoring the stall to the condition it was in before occupancy.
Weather and other disruptions
Each stallholder acknowledges that inclement weather is a risk inherently associated with an outdoor market. Stall fees will not be refunded if weather interferes with any market.
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If average winds are consistently above 40knotts per hour traders should be warned that their marquees are at hazard from structural failure. The appropriate action to remove this risk is to remove the canopy. Whatever the trader decides to do:
• Tops should be removed BEFORE the structure is taken down as the removal of weights required to take a tent down creates the risk of the tent taking off and/or being damaged structurally.
The market will be abandoned if the average wind goes consistently over 7 on the Beaufort Scale (61knotts per hour).
Hail and lightning also represent hazards. In the former case, take cover as hailstorms are typically short lived. In the latter case, ensure that you do not try and take marquees down or walk with poles or umbrellas up. Lightning tends to ground itself between a high point on the ground and the cloud.
At the Gallery’s discretion, it may decide to close the market early in the event of adverse weather conditions or other disruption. If the Gallery closes the market early, stallholders must vacate the market by the time nominated by the market organiser.
Emergency operations
In the event of an emergency, the Gallery will implement its Emergency Management Plan. Each stallholder must listen to and comply with every instruction given by Gallery staff members
Intellectual property licence
The stallholder grants the Gallery a non-exclusive licence to use any written content or image submitted with the stallholder’s application (Licensed Property) in any printed or online media for the purpose of promoting the stall or the Make it Big Market.
The stallholder warrants that he or she owns or controls the rights in the Licensed Property and has the right to license it to the Gallery, and that the Licensed Property does not and will not infringe the intellectual property rights of any person.
Breach of these terms and conditions
Without limiting any of the Gallery’s other rights, if a stallholder fails to comply with any of these terms and conditions, the Gallery may at its absolute discretion immediately:
• refuse any stallholder entry to the market;
• require the stallholder to remove from sale any good or service offered by the stallholder;
• require the stallholder to do any reasonable thing to comply with these terms and conditions;
• relocate a stallholder to another site in the market;
• evict a stallholder from the market; and/or
• terminate a stallholder’s booking and/or refuse to accept future bookings from the stallholder.
Liability
To the fullest extent permitted by law, the Gallery is not liable to any stallholder for any loss, destruction or damage to property nor for any other loss, damage or injury suffered by any person, whether in contract, tort (including negligence) or statutory liability.
To the fullest extent permitted by law, the stallholder indemnifies and agrees to keep the Gallery indemnified from and against all liabilities, losses, damages, costs, expenses or compensation (including without limitation due to bodily injury, sickness or death, or loss, destruction of or damage to property) incurred or suffered as a result of:
• a breach of these terms and conditions by the stallholder or any failure by their employees, servants or agents to comply with these terms and conditions; or
• any negligence of the stallholder or their employees, servants or agents.
The stallholder’s liability to indemnify the Gallery will be reduced proportionately to the extent that the Gallery contributed to the loss or damage.
This clause survives the termination or expiry of this agreement.
Revision
The Gosford Regional Gallery may revise these terms and conditions from time to time.
Stallholder code of conduct
Behaviours at the Make it Big Market
The Make it Big Market is managed and operated by Gosford Regional Gallery and the Central Coast Council.
The Make it Big Market prides itself on providing a friendly, safe, and inclusive market environment.
The Gallery will protect market patrons and the Gallery’s integrity, reputation, standards, and employee welfare by implementing and overseeing the Make it Big Market Terms and Conditions and the accompanying Stallholder Code.
Code of Conduct
Stallholders must:
• Act with respect, courtesy, and dignity always
• Interact with the public, members of the Make it Big Market Management Team, fellow stallholders, and retailers in a courteous manner
• Work safely and ensure the safety of others
• Strive to contribute to an honest, unbiased, and unprejudiced market environment
• Conduct themselves and their businesses with honesty, transparency and in the spirit of cooperation.
Unacceptable Behaviour
The Gallery will not tolerate behaviour that is inconsistent with the Stallholder Code. Both repeated and single incidents of unacceptable behaviour can create a risk to health and safety. Examples of unacceptable behaviour include:
• Bullying of any nature
• Gender discrimination (treating someone less favourably because of their gender)
• Sexual harassment (unwanted or uninvited sexual behaviour)
• Racist behaviour
• Offensive, insulting, or derogatory language (including shouting or yelling) or communications (including inappropriate emails, social media, or correspondence)
• Unwarranted, unjustified, or unsubstantiated criticism or comments
• Intimidating or aggressive behaviour
• Victimisation (e.g. treating another person poorly because they have made a complaint against you)
• Damaging facilities or property.
Breach of Code of Conduct
A report of failure to comply with the Stallholder Code will be assessed and investigated by the Make it Big Market Management Team. All reports will be treated seriously and investigated promptly, confidentially, and impartially. Consideration of complaints will be guided by the principles of fairness, impartiality, and ethical behaviour.
If the Stallholder Code has been breached, the Make it Big Market Management Team may take disciplinary action appropriate to the severity of the violation. Such actions may include verbal and written warnings, suspension from market participation and/or expulsion from the market in accordance with the Make it Big Market Terms and Conditions/Conditions of Entry .
Disputes Procedure
If a stallholder wishes to appeal a decision of the Make it Big Market Management Team, they can do so by emailing gallery@centralcoast.nsw.gov.au
Revision
The Gosford Regional Gallery may revise this Code of Conduct from time to time.
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